Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Côte d'Ivoire (Ratification: 1961)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 1(1) of the Convention. Sexual and moral harassment. The Committee recalls that the Labour Code prohibits sexual and moral harassment. It notes that the Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations, expressed concern about “the prevalence of violations against women and girls working in the informal sector and in domestic work, particularly with regard to sexual harassment in the workplace” (CEDAW/C/CIV/CO/4, 30 July 2019, paragraph 41(a)). The Committee requests the Government to provide information on any measures taken, in collaboration with the social partners, to:

• (i)prevent sexual and moral harassment based on one or more prohibited grounds of discrimination covered in the Labour Code, particularly with regard to women domestic workers;
• (ii)put an end to the cases observed in both the public and private sector; and
• (iii)enable men and women workers to exercise their rights to a harassment-free work environment.

Articles 1(1)(a) and (5). Discrimination on the basis of sex. Restrictions on women’s access to employment and to certain occupations. The Committee welcome the adoption of Act No. 2019-570 of 26 June 2019 on marriage, section 57 of which provides that: “Both spouses are free to exercise the profession of their choice, unless it is legally determined that the practice of that profession is contrary to the interests of the family”, and amends the provisions of the Civil Code that had a discriminatory impact on women. The Committee also recalls that section 23(1) of the Labour Code still stipulates that “the nature of the work prohibited to women, pregnant women […] shall be determined under the conditions set out by decree”. Consequently, the Committee once again requests the Government to provide information on:

• (i)any measures taken or envisaged to ensure that any restrictions to the employment of women are strictly limited to the protection of maternity; and
• (ii)any texts issued under section 23(1) of the Labour Code.

Article 1(1)(b). Additional grounds of discrimination. Persons with disabilities. The Committee welcomes the Government’s indication that: (1) Decree No. 2018-456 of 9 May 2018 on the employment of persons with disabilities in the private sector (COTOREP, private sector) specifically establishes that all employers are required to employ persons with disabilities and to make the necessary accommodations to facilitate access for persons with disabilities in the workplace; (2) two decrees on the creation, assignment, organization and functioning of technical committees on occupational guidance and reclassification (COTOREP) for persons with disabilities in the public and private sector, were adopted on 22 September 2021. The Committee notes the Government’s indication that: (1) these Decrees seek to ensure the right to employment and occupational reclassification of workers with disabilities ; and (2) 1,700 workers with disabilities were hired in the public service between 1999 and 2021. The Committee therefore requests the Government to provide information on:

• (i)the labour market participation of persons with disabilities in the public and private sector; and
• (ii)the specific measures taken, in application of the above-mentioned Decrees or in any other manner, to promote the employment of persons with disabilities and to prevent any discrimination against them.

Actual or perceived HIV status.The Committee recalls that “actual or perceived HIV and AIDS status” had been included on the list of prohibited grounds of discrimination in section 4 of the Labour Code. The Committee requests the Government to provide information on:

• (i)any measures taken to combat discrimination in employment on the grounds of HIV status; and
• (ii)any cases of discrimination of this type handled by the labour inspectorate and/or by the courts.

Article 2. National policy to promote equality of opportunity and treatment. The Committee notes that, according to the National Survey on the Employment Situation of 2019, analysed by ILO STAT, out of a working population of persons aged between 25 and 54, 58 per cent were men and 42 per cent were women, with a high proportion of informal employment (95 per cent women). The Committee notes, according to the information available on the website of the Directorate of Gender Equality and Equity of the Ministry of National Education and Literacy, the adoption of the new National Policy on Equal Opportunity, Equity and Gender, on 9 December 2020. It also notes that CEDAW expressed concern about: (1) the insufficient information on the impact of the plan to implement the National Policy on Equal Opportunity, Equity and Gender; (2) the lack of information on legislative and other measures to increase access of women to new technologies, land and credits; and (3) the disproportionate burden of unpaid work carried by women, limiting their professional opportunities (CEDAW/C/CIV/CO/4, paragraph 45(a)-(c)). The Committee requests the Government to provide information on:

• (i)the measures concerning training and employment contained in the new National Policy on Equal Opportunity, Equity and Gender of 2020 and any available evaluation of the previous policy;
• (ii)the measures taken or envisaged to promote access for women to training and to a wide variety of jobs, and access to land and credits;
• (iii)the awareness-raising actions taken or envisaged for workers, employers and the general population in order to combat gender stereotypes and patriarchal attitudes, and to promote the sharing of family responsibilities; and
• (iv)the labour market participation of men and women.

Enforcement. The Committee notes the Government’s indication, in its Beijing+25 Report, that the main challenge faced is the application of legal provisions. The Committee therefore requests the Government to provide information on:

• (i)the measures taken to strengthen the labour inspectorate and to train labour inspectors on matters relating to non-discrimination and equality; and
• (ii)the number, nature (ground concerned) and outcome (penalties imposed and compensation awarded) of the cases of discrimination handled by the labour inspectorate and/or the courts.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 1 and 2 of the Convention. Protection against discrimination and promotion of equality. Public service. The Committee recalls that section 14(1) of Act No. 92-570 of 11 September 1992 issuing the General Public Service Regulations, the reform of which, it noted, was in progress, prohibits any distinction being made between men and women only during recruitment and, under section 14(2), establishes that “specific arrangements may be made, on account of physical fitness requirements or constraints inherent in certain functions … to reserve access [to the public service] for candidates of one or other sex”. The Committee notes that, according to the information available on the Government website, the Council of Ministers adopted, on 9 November 2022, a bill issuing general public service regulations. The Committee firmly hopes that the Bill issuing general public service regulations will include provisions that: (i) define and prohibit any direct or indirect discrimination made at least on the basis of race, colour, sex, religion, political opinion, national extraction and social origin, at any stage of employment (including in the conditions of employment); and (ii) limit the cases of access reserved for one or the other sex to the conditions inherent to the position in question. The Committee requests the Government to ensure that equality of opportunity and treatment without any distinction on the basis of the aforementioned grounds is one of the specific objectives of the public service reform, and to implement appropriate mechanisms for the prevention of discrimination and the handling of complaints.The Government is requested to provide a copy of the regulations as soon as they enter into force.

Article 1(1)(a). Private sector. Prohibited grounds of discrimination. Legislation. Further to its previous comments, the Committee welcomes the adoption of Act No. 2019-574 of 26 June 2019 on the Criminal Code, and Act No. 2021-893 of 21 December 2021, which amends, inter alia, sections 226, 227 and 228 of the Criminal Code. Section 226, which also defines racism, xenophobia and tribalism, defines discrimination as “any distinction, exclusion, restriction or preference based on, inter alia, national or ethnic origin, race, colour, descent, sex, marital status, pregnancy, physical appearance, vulnerability resulting from an apparent or known economic situation, surname, place of residence, state of health, disability, morals, age, political, religious or philosophical opinions, or trade union activities, which has the purpose or effect of nullifying or impairing the recognition, enjoyment or exercise, on an equal footing, of human rights and fundamental freedoms in the political, economic, social, cultural or any other field of public life”. Section 227 establishes the penalties applicable in cases of discrimination (a prison sentence of one to two years, and a fine of between 500,000 and 2,000,000 CFA francs (XOF)) and, more specifically, aggravated penalties in cases of discrimination such as: (1) “hindering the normal exercise of any economic activity”; (2) “refusing to hire, sanction or dismiss a person”; (3) “making an offer of employment, an application for an internship or a period of work experience in an enterprise subject to a condition based on one of the [discrimination criteria]”; and (4) “refusing to accept a person for one of the internships provided for by the Labour Code”. Lastly, section 228 provides for all possible exceptions (such as measures concerning foreign nationals, positive measures and essential and specific professional requirements).

The Committee observes, however, that criminal provisions are not completely adequate in discrimination cases because, inter alia, they do not always provide a remedy to the victim and are very unlikely to cover all forms of conduct that amount to sexual harassment. It notes that the Government has not amended section 4 of the Labour Code, which lists the grounds that an employer may not take into consideration in making decisions, and which omits colour from that list. The Committee requests the Government to, during the next reform of the Labour Code, take measures to incorporate: (i) a reference to colour in section 4; and (ii) an express definition and prohibition of any direct or indirect discrimination at any stage of employment. It also requests the Government to take measures to disseminate the provisions of articles 226, 227 and 228 of the Criminal Code on discrimination to employers, workers and their respective organizations. The Government is requested to provide information on their application in practice in the public and private sector, indicating the conditions of proof applicable, and giving examples of cases of discrimination handled (section 226) and exceptions (section 228) applied by labour inspectors or the courts.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the adoption, on 20 July 2015, of Act No. 2015-532 issuing the Labour Code.

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. The Committee recalls that it previously requested the Government to take the opportunity of the revision of the Labour Code to include “colour” in the list of prohibited grounds of discrimination. It notes with regret that the Government has not taken the opportunity of the revision of the Labour Code to include the ground of “colour” in the list of formally prohibited grounds of discrimination. It wishes to recall that the grounds of colour and race should not be considered as identical, as colour differences may exist between people of the same race (2012 General Survey on the fundamental Conventions, paragraph 762). In addition, the Committee notes that, in its concluding observations regarding the first report of Côte d’Ivoire on the application of the International Covenant on Civil and Political Rights, the United Nations Human Rights Committee noted that one of the main areas of concern was persons with albinism (a hereditary genetic irregularity which affects pigmentation and is characterized by a deficit of melanin, the substance that gives colour to skin, hair and eyes), who continue to be subject to discrimination and negative stereotypes, and the inadequate nature of the measures taken to protect them against all forms of discrimination (CCPR/C/CIV/1, 28 April 2015, paragraph 9). Recalling that the seven grounds listed in Article 1(1)(a) of the Convention represent a minimum standard agreed during the adoption of the Convention in 1958, the Committee once again requests the Government to envisage adding the ground of “colour” to the list of prohibited grounds of discrimination during the next legislative revision.

Discrimination on the basis of sex. Sexual harassment. The Committee notes with interest that section 5 of the new Labour Code prohibits sexual and moral harassment. It notes that the Labour Code establishes the distinction between quid pro quo “sexual harassment” and hostile work environment “moral harassment”. The Committee requests the Government to provide information on the practical measures taken to prevent and combat sexual and moral harassment, and particularly the measures that have been developed and implemented in collaboration with the social partners in this regard.

Article 1(1)(b). Additional grounds of discrimination. The Committee notes with interest that the new Labour Code adopted in 2015 adds to the prohibited grounds of discrimination two additional grounds, namely “actual or perceived HIV and AIDS status” and “disability” (section 4). In this regard, the Committee recalls that the HIV and AIDS Recommendation, 2010 (No. 200), offers ample guidance on the manner with which to combat in practice discrimination based on HIV and AIDS in employment and occupation. With regard to disability, the Committee recalls that the country ratified the Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159), and the United Nations Convention on the Rights of Persons with Disabilities (2006) in 2014. The Committee emphasizes that, to promote equality of opportunity and treatment between persons with disabilities and other workers, once this principle has been established it must be accompanied by affirmative measures aimed at combating the structural discrimination faced by persons with disabilities due to the exclusion and stigmatization that they suffer from very early on in their lives. The Committee therefore requests the Government to provide information on the specific measures taken or envisaged (equality plans, affirmative measures, awareness raising and public information, development of educational tools in consultation with the social partners, capacity building for labour inspectors and magistrates, etc.) to ensure that workers who are victims of direct or indirect discrimination based on their real or presumed HIV status, or their disability (including persons with albinism) benefit effectively from the protection afforded by the new Labour Code.

Article 1(3). Restrictions on women’s access to employment and to certain occupations. The Committee notes the Government’s indication in previous reports that no Decree has been issued under section 23(1) of the Labour Code of 1995 on the types of work prohibited for women. However, the Committee notes that because the new Labour Code reproduces section 23(1) of the Labour Code of 1995 exactly, the issue of an implementing decree remains open. The Committee also notes that the Government’s report is silent on the fact that certain provisions of the Civil Code, and particularly section 67, which prohibits a married woman from exercising an occupation distinct from that of her husband, if a court finds that it would be “contrary to the interests of the family”, have a discriminatory effect against women. The Committee therefore requests the Government to take the necessary measures to amend or repeal the provisions that may constitute an obstacle to the exercise of certain occupations by women, and particularly section 67 of the Civil Code, and to provide information on any measures taken in this regard. The Committee also asks the Government to ensure that any limitations on the employment of women are strictly limited to the protection of maternity, and asks the Government to provide information on any texts issued under section 23(1) of the Labour Code.

Article 2. National policy to promote equality of opportunity and treatment. The Committee notes the Government’s indication in its report that analysis has shown that the disadvantageous position of women in the labour market has less to do with the legislative framework than with the attitudes and customs, which have the effect of delaying the access of girls and women to formal education. For this reason, the Government has set the target of universal schooling, with particular emphasis on the education and training of women and girls. According to the statistics referred to in the report, in 2012 women continued to be under-represented in the public service, particularly in the higher category or category A, even though there has been a slight improvement since 2010 (28 per cent compared with 26.88 per cent). Although the report does not provide new statistics on the proportion of women in the formal private (non-agricultural) sector, it confirms that it still remains very low. In general terms, the rate of informal employment in Côte d’Ivoire is 91.2 per cent (men and women combined) and the proportion of salaried employees is 18.1 per cent. However, the Government emphasizes that women are organized and that numerous groups exist, for example the Federation of Women Entrepreneurs, the Ivorian Network of Women Entrepreneurs, the Coalition of Women Leaders of Côte d’Ivoire, the Federation of Women Heads of Enterprise, the Global Women Heads of Enterprise (FCEM)–Côte d’Ivoire, the Federation of Women Entrepreneurs and Businesswomen of West Africa, the Association of Women Inventors and Entrepreneurs of Côte d’Ivoire, etc. The report indicates that the major problem confronting women entrepreneurs is a lack of access to credit to meet their funding requirements and the insufficient amounts of credit granted.

The Committee also notes the detailed information provided by the Government on the progress made in the implementation of the National Policy on Equality of Opportunity, Equity and Gender, 2009. It especially notes the efforts made in: (i) education, particularly for girls (for example, the increased supply of education and robust measures to combat illiteracy among girls); (ii) vocational training (access to all vocational courses without distinction on the basis of sex, gender training for all actors and partners in education, development of non-discriminatory training and education systems, awareness raising in communities about the need to support girls in their choice of occupation, the increase in the number of study grants for girls to facilitate their access to technical and vocational training, placements for women trainees in sectors dominated by men and monitoring of their career development to ensure their integration in these sectors, promotion of further training for women and girls, etc.); and (iii) employment. With regard to employment in particular, the Committee notes that the Emploi-2012 survey highlights that, although unemployment fell in the period between 2010 and 2012, more women than men remain unemployed (11.9 per cent compared with 7.4 per cent) and that, in view of the disappointing results of the National Employment Policy, the Government adopted an employment recovery strategy in 2013 aimed at strengthening existing initiatives through measures to stimulate job creation, particularly for women and young people.

With regard to socio-cultural expectations which result in the fact that, despite the existence of regulatory texts, Ivorian women rarely have access in practice to property, especially in rural areas (less than 10 per cent of total land in the country) or to the main factors of production (land, inputs, water, credit, capital, suitable techniques, etc.), the Committee notes that the Government has initiated action for women primarily in the agricultural sector and the trade subsector (formal and informal) through the implementation of specific programmes (such as the project for the Promotion, Protection and Economic Independence of Women in Rural Areas, 2014), as well as action to increase access to new sources of credit through projects and funds (such as the project for the assistance and social reintegration of women victims of violence in conflict situations in Côte d’Ivoire), which acts to help women’s groups to launch income-generating activities for women displaced by conflict. The Committee notes that the Government has also reinforced the financial strength of the “Women and Development Fund” and its extension to cover the whole of the country; that it has established the “Support Fund for Women in Côte d’Ivoire”, etc., and increased access to traditional microfinance institutions (mutual savings and loan associations and cooperatives). The Committee also notes that the authorities have in parallel emphasized: the elimination of the sexist stereotypes that are prevalent within Ivorian society through initiatives such as the organization of training courses on the rights of women for judicial personnel and court officials, the armed forces, and the municipal and national police; the expansion of the scope of training and education institutions to include community development; the dissemination of national and international instruments on women’s rights; the establishment of gender units in all ministries to institutionalize the issue of equality between men and women; the establishment by the Association of Women Lawyers of Côte d’Ivoire of the project to improve the access of women and vulnerable groups to justice, with the support of UNDP/UNOCI/UNICEF/EU; the translation into national languages of human rights instruments; annual human rights caravans; the development of communication tools in national languages and support tools for illiterate communities, etc. The Committee encourages the Government to continue its efforts with a view to adopting affirmative measures to promote equality of opportunity between men and women regarding access to formal employment, as well as access to land and credit. In this context, it wishes to draw the Government’s attention to the Transition from the Informal to the Formal Economy Recommendation, 2015 (No. 204), which can provide pertinent guidance on the subject, and it encourages the Government to continue its awareness-raising activities among the population to combat traditional stereotypes and patriarchal attitudes regarding vocational aspirations, preferences and skills of women and their role and responsibilities in society, and to reinforce the confidence of girls and women in their abilities. Lastly, the Committee invites the Government to evaluate regularly the effectiveness of the measures and policies implemented (particularly by providing statistics disaggregated by sex and establishing a system of indicators of equality between the sexes) with a view to ensuring that they have a real impact on the promotion of equality of opportunity and treatment between men and women in employment and occupation, and to keep it informed of the results of these periodic evaluations and possible amendments in light of the results achieved.

Article 3(a). Collaboration with employers’ and workers’ organizations. In its report, the Government asserts that matters concerning equality in employment and occupation are dealt with in existing tripartite bodies (for example, the Labour Advisory Board and the National Council for Social Dialogue) and bipartite bodies (for example, the Standing Independent Consultation Committee (CIPC)). Following the prohibition of sexual and moral harassment in employment and occupation and any discrimination based on disability or actual or perceived HIV status by the new Labour Code, the Committee requests the Government to indicate whether the social partners are planning to develop guidance tools, such as codes of good practice, codes of conduct or guidelines on any of these matters in order to facilitate the promotion of equality of opportunity and treatment between workers in enterprises.

Enforcement. Noting that the persons responsible for enforcing labour law have benefited from training and awareness-raising sessions on the principle of equality of opportunity, the Committee requests the Government to provide information on any cases of discrimination that labour inspectors have dealt with, either following a complaint or through a planned inspection, and on any judicial decision on the subject.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 1 and 2 of the Convention. Protection against discrimination and promotion of equality in the public service. The Committee recalls that for many years it has been requesting the Government to take the necessary measures to bring into conformity with the Convention section 14(2) of Act No. 92-570 of 11 September 1992 issuing the General Public Service Regulations, which provides that “specific arrangements may be made, on account of physical fitness requirements or constraints inherent in certain functions ... to reserve access [to the public service] for candidates of one or other sex”. The Committee also recalls that section 14(1) of the Act only prohibits any distinction being made between men and women during recruitment. In its previous comments, the Committee noted the Government’s undertaking to repeal section 14(2) during the review of the Regulations and the holding of a workshop specifically to review the Act issuing the General Public Service Regulations with a view to identifying “the shortcomings, discrepancies and injustices contained in the current Regulations” and “to propose corrective measures”. The Committee notes the Government’s indication that the reform of the General Public Service Regulations of 1992 is still in progress. The Committee once again requests the Government to take the necessary measures to repeal section 14(2) of Act No. 92-570 of 11 September 1992 issuing the General Public Service Regulations and trusts that it will take the opportunity provided by the ongoing review of the Regulations to consider the possibility of including provisions defining and prohibiting any direct or indirect discrimination made at least on the basis of race, colour, sex, religion, political opinion, national extraction or social origin, at all stages of employment (access to employment and to particular occupations, as well as working conditions and terms and conditions of employment). The Committee asks the Government to ensure that equality of opportunity and treatment without any distinction on these grounds is one of the specific objectives of the public service reform. The Government is requested to provide information on the progress made in the work of revising the General Public Service Regulations and to supply a copy of the new Regulations once they are adopted.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. The Committee recalls that section 4 of the Labour Code provides that “no employer may take into consideration the sex, age, national extraction, race, religion, religious or political opinion, social origin, membership or non-membership of a trade union and trade union activities of workers in making decisions, particularly concerning recruitment and the performance and distribution of work, vocational training, career development, promotion, remuneration, granting of social benefits, disciplinary measures or termination of the employment contract”. The Committee notes the Government’s indication that a preliminary draft of the new labour code is currently before the Labour Advisory Committee. The Committee asks the Government to take the opportunity provided of the review of the Labour Code to include colour in the list of prohibited grounds of discrimination. Please also provide information of the status of the process of adoption of the draft Labour Code.

Article 1(1)(b). Additional grounds of discrimination. The Committee asks the Government to indicate whether it is envisaged, when reviewing the Labour Code, to add to the list of prohibited grounds of discrimination additional grounds, such as real or perceived HIV status, and in this context would like to draw its attention to the HIV and AIDS Recommendation, 2010, especially to Paragraphs 9–14 and 37.

Restrictions on women’s access to employment and to certain occupations. The Committee notes that, according to the Government’s report, no decree has been issued under section 23.1 of the Labour Code on the types of work prohibited for women. Furthermore, the Committee recalls that certain provisions of the Civil Code, particularly section 67 prohibiting a married woman from exercising an occupation separate from that of her husband, if a court finds that it would be contrary to the interests of the family, discriminate against women. The Committee requests the Government to take the necessary steps to amend or repeal the provisions that may constitute an obstacle to the exercise of certain occupations by women, particularly section 67 of the Civil Code, and to provide information on any measure taken in this regard. The Committee also asks the Government to ensure that any limitations on the work women may do is strictly limited to maternity protection, and asks the Government to provide information on any texts issued under section 23.1 of the Labour Code.

Sex discrimination. Sexual harassment. The Committee notes the Government’s indication that sexual harassment has been taken into account in the preliminary draft of the new Labour Code. For all types of behaviour that constitute sexual harassment in employment and occupation to be covered, the Committee recalls that it is important to adopt provisions defining and addressing quid pro quo and hostile working environment harassment. The Committee requests the Government to provide information on the contents of the provisions on sexual harassment in the preliminary draft of the new Labour Code. It once again requests the Government to provide information on the practical measures taken to prevent and combat sexual harassment, including the measures drawn up and implemented in collaboration with the social partners.

Article 2. Equality of opportunity between men and women. The Committee notes that, according to the statistics provided by the Government in its 2010 report, women are poorly represented in the public service (26.88 per cent in total), particularly in the higher categories (18.57 per cent), and the proportion of women in the formal private sector remains very low (11.2 per cent). Women nevertheless represent 45 per cent of informal economy workers, of whom 65 per cent are in trade. The 2009 document on the National Policy on Equality of Opportunity, Equity and Gender also reports that there are more women in the agricultural sector, but that they form a significant part of the unpaid workforce. This document also highlights inequalities against women regarding access to property due to socio-cultural factors, and the barriers faced by girls and women in gaining access to formal and non-formal education (such as marriage and early pregnancy, the belief that it is more important to educate a boy in view of his future role as head of the family, and sexist educational practices). The Committee notes the information provided by the Government concerning the efforts made to promote the access and maintenance of girls in school, including awareness-raising activities for parents in rural areas, the construction of schools and vocational training centres for young girls, the free distribution of school equipment, and study grants for young girls in secondary and higher education. In view of the persistent inequalities between men and women, the Committee encourages the Government to continue its efforts to adopt proactive measures to promote equality of opportunity concerning access to formal employment as well as to land and credit. It firmly encourages the Government to continue awareness-raising activities among the population in order to combat stereotypes regarding women’s aspirations, preferences and capabilities in employment and occupation and their roles and responsibilities within society. Regarding the establishment of vocational training centres for young girls, the Committee requests the Government to ensure that they are not confined to learning certain trades traditionally carried out by women and that they have access in practice to a wide range of skilled occupations leading to remunerated employment. The Committee requests the Government to provide detailed information on the implementation of the National Policy on Equality of Opportunity, Equity and Gender adopted in 2009 in the areas of education, vocational training and employment, including self-employment, and to provide detailed statistics that are available on the distribution of men and women in the different categories of the public and private sectors, and in the formal and informal economy.

Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s statement that it affords particular importance to tripartitism and that the social partners are adequately informed of the institutions which may be consulted with regard to discrimination issues. It also notes that awareness-raising seminars on the principle of equality have been organized for employers’ and workers’ organizations within the framework of the programme to promote the Declaration (PAMODEC). The Committee requests the Government to provide information on the way in which it cooperates with employers’ and workers’ organizations to promote the application of the principles of non-discrimination and of equality of opportunity and treatment in employment and occupation without distinction on grounds of race, colour, sex, religion, political opinion, national extraction or social origin, and on the outcome of this cooperation. It also requests the Government to provide information on the role of the social partners in the implementation of the National Policy on Equality of Opportunity, Equity and Gender.

Enforcement. The Committee notes that labour inspectors, judges and lawyers benefited from the awareness-raising seminars on equality of opportunity and treatment in employment and occupation within the framework of PAMODEC. The Committee requests the Government to continue to provide information on any training on equality and discrimination provided to persons responsible for the enforcement and monitoring of the labour legislation. It also requests the Government to provide information on all cases of discrimination that the labour inspectorate has addressed on the basis of a complaint or during an inspection, and on any court decisions in this regard.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Equality of opportunity and treatment. Legislation. For many years the Committee has been asking the Government to take the necessary steps to bring into conformity with the Convention section 14(2) of Act No. 92-570 of 11 September 1992 issuing the general public service regulations, which provide that “specific arrangements may be made, on account of physical fitness requirements or constraints inherent in certain functions ... to reserve access [to the public service] for candidates of one or other sex”. The Committee also recalls that section 14(1) of the Act only prohibits any distinction being made between men and women during recruitment. In its previous comments, the Committee noted the Government’s undertaking to repeal section 14(2) during the review of the general public service regulations. The Committee notes the Government’s indication that a general reform of the public service is under way and that a review of the general regulations is planned in this framework. The Committee also notes the information published on the website of the Ministry of the Public Service and Administrative Reform according to which a workshop was held in October 2012 specifically to review the Act issuing the general public service regulations with a view to identifying “the shortcomings, discrepancies and injustices contained in the current regulations” and “to propose corrective measures”. The Committee urges the Government to take the necessary steps to repeal section 14(2) of Act No. 92-570 of 11 September 1992 issuing the general public service regulations and trusts that it will take the opportunity provided by the review of the regulations to consider the possibility of including provisions defining and prohibiting any direct or indirect discrimination made on the basis of at least race, colour, sex, religion, political opinion, national extraction or social origin, at all stages of employment. The Committee asks the Government to ensure that equality of opportunity and treatment without any distinction on the basis of the aforementioned reasons is one of the specific objectives of the public service reform. The Government is requested to provide information on the progress of the work on the review of the general public service regulations and to forward a copy of the new regulations as soon as they have been adopted.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes that the Government’s report contains no reply to its previous comments. It hopes that the next report will provide full information on the points raised in its previous direct request, which read as follows:

Repetition

Article 1 of the Convention. Protection against discrimination of workers excluded from the scope of the Labour Code. Public service. With regard to public servants, the Committee notes the Government’s reference to section 14(1) of the General Public Service Regulations and also to articles 7, 17 and 18 of the Constitution. However, it observes that these Regulations only prohibit any gender distinctions being made at the time of recruitment. In addition, the abovementioned provisions of the Constitution state that all citizens must have equal access to vocational training and employment but they only explicitly prohibit discrimination in access to or performance of jobs on the basis of sex and political, religious or philosophical opinions. The Committee recalls that, according to the Convention, all workers must enjoy protection against discrimination on the basis of race, colour, sex, religion, political opinion, national extraction and social origin, in employment and occupation, i.e. with regard not only to access to vocational training, employment and various occupations but also to terms and conditions of employment. The Committee therefore requests the Government, with a view to extending the protection against discrimination and giving full effect to the Convention, to consider adding provisions to the General Public Service Regulations which explicitly define and prohibit any direct or indirect discrimination, at all stages of employment and covering at least all the grounds listed in Article 1(1)(a) of the Convention, namely race, colour, sex, religion, political opinion, national extraction and social origin. The Committee requests the Government to specify to what extent public servants are able to invoke the provisions of the Constitution in order to assert their rights in the event of discrimination, including in the course of employment, and requests it to indicate whether use has already been made of this possibility.

Restrictions on women’s access to employment and certain occupations. The Committee notes that section 23.1 of the Labour Code provides that the types of work prohibited for women are regulated by decree. It also wishes to draw the Government’s attention to the fact that access to certain occupations implies access to the various kinds of property and resources enabling the exercise of such occupations, including credit and land. Furthermore, in order to ensure gender equality in this respect, there is a need to eliminate any discriminatory legal provisions, including in civil law, such as section 67 of the Civil Code, which prohibits a married woman to undertake an occupation separate from that of her husband if a court finds that it would be contrary to the interests of the family. The Committee requests the Government to provide information on the following: (i) the types of work prohibited for women pursuant to section 23.1 of the Labour Code, stating the reasons why these types of work are prohibited; (ii) the measures taken to promote gender equality in access to certain occupations, including increasing access of women to credit and land in rural areas.

The Committee requests the Government to undertake a review of the national legislation in order to identify provisions that may constitute an obstacle to the exercise of certain occupations by women and take the necessary steps to amend or repeal them.

Sex discrimination. Sexual harassment. Noting that the Labour Code does not contain any provision defining or prohibiting sexual harassment at work, the Committee requests the Government to provide information on the specific measures taken to prevent and combat sexual harassment, including those which have been formulated and implemented in cooperation with the social partners.

Article 2. Equal opportunities between men and women. The Committee notes the adoption in April 2009 of the National Policy on Equal Opportunities, Equity and Gender (the National Policy). It also notes the detailed information, including statistics, supplied by the Government on the action taken to promote equality of opportunity between men and women, including gender mainstreaming in the planning and formulation of public budgets, training and awareness raising of decision-makers and public officials in gender issues, the establishment of specialized structures and development projects in rural areas taking account of the specific needs of women in terms of resources and training. While welcoming the efforts made by the Government to promote equal opportunities between men and women, the Committee encourages the Government to step up its action to increase employment opportunities for women, and requests it to provide information on the measures taken as part of the implementation of the National Policy, particularly with regard to the following: (i) access of girls to all levels of education and their possibility to continue to go to school, and women’s access to vocational training, including with regard to occupations traditionally performed by men; (ii) women’s access to employment, including self-employment; (iii) awareness-raising measures regarding the principle of equal opportunities and treatment in employment aimed at employers’ and workers’ organizations, those responsible for enforcing legislation relating to equality (labour inspectors, judges, lawyers), and the general public; (iv) the impact on the situations of women and men in employment and of the measures taken.

The Government is also requested to provide information on the recommendations made in the gender study mentioned in its report which was conducted by the Ministry of the Family, Women and Social Affairs on the employment situation in law and in practice, and also to send a copy of this study.

Article 3(a). Cooperation with employers’ and workers’ organizations. Awareness-raising measures. According to the Government, neither the Labour Advisory Committee nor the Tripartite Committee on ILO Issues, within which cooperation takes place between the Government and the social partners, has taken any initiative for the promotion of equality in employment and occupation since no cases of discrimination have been brought to their attention. The Committee has repeatedly emphasized that the lack of any complaints regarding discrimination does not necessarily mean that there is no discrimination in practice: workers may be unaware of the avenues of redress that exist for this purpose, may hesitate to lodge a complaint or may even face practical difficulties in asserting their rights vis-à-vis the labour inspectorate, courts or any other competent institution. Recalling the importance of the role of workers’ and employers’ organizations in preventing and combating discrimination in employment and occupation, the Committee encourages the Government to take the necessary steps to involve them in the formulation and implementation of measures aimed at promoting equality and non-discrimination. It also requests the Government to provide information on any developments in this respect, particularly as regards the role of the social partners in the implementation of the National Policy on Equal Opportunities, Equity and Gender.

Labour inspection. The Committee notes that 1,578 inspections were conducted in 2008 and 2009 in enterprises in the secondary and tertiary sectors and that, owing to a lack of transport facilities, inspectors were unable to carry out inspections in agriculture. It is the Committee’s understanding from the Government’s report that no cases of discrimination were reported by the labour inspectorate. The Government indicates that no evidence of discrimination was brought to the attention of the courts. Referring to the previous paragraph concerning the lack of complaints, the Committee underlines the importance of providing labour inspectors with the necessary resources for performing their duties of enforcing the legislation, including with regard to equality, and of reinforcing their training so that they are in a position to identify and address effectively cases of discrimination in employment and occupation. The Committee requests the Government to indicate the measures taken to reinforce the training of labour inspectors with regard to issues of equality and non-discrimination in employment and occupation and to provide them with the necessary resources.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Access to the public service. Legislation. For many years the Committee has been asking the Government to take the necessary steps to revise section 14(2) of Act No. 92-570 of 11 September 1992 issuing the General Public Service Regulations in order to bring it into conformity with the Convention. The provision in question states that “specific arrangements may be made, on account of physical fitness requirements or constraints inherent in certain functions ... to reserve access [to the public service] for candidates of one or other sex”. The Committee notes in this connection the observations made by the General Confederation of Enterprises of Côte d’Ivoire, received on 15 December 2010, to the effect that the Government should take account of the Committee’s comments and section 14(2) should simply be repealed, insofar as entry to the public service is by competition which is open to candidates of both sexes. The Committee notes that, in its report, the Government acknowledges that this provision is discriminatory and expresses its commitment to repealing it as soon as the Act issuing the General Public Service Regulations is revised. The Government also states that, according to the texts in force, there are no longer any public sector jobs which are prohibited for women and the fact that women are under-represented in the public service is due not to legal obstacles but to social and cultural factors which the Government is addressing actively. While noting the Government’s undertaking to repeal section 14(2) of the Act issuing the General Public Service Regulations, the Committee observes that the Government again refers to a possible revision of the Public Service Regulations but gives no indication as to when such a process is to begin. It asks the Government to take the necessary steps to repeal, in the near future, section 14(2) of Act No. 92-570 of 11 September 1992 issuing the General Public Service Regulations, and to specify the timetable set for the revision process.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 1 of the Convention. Protection against discrimination of workers excluded from the scope of the Labour Code. Public service. With regard to public servants, the Committee notes the Government’s reference to section 14(1) of the General Public Service Regulations and also to articles 7, 17 and 18 of the Constitution. However, it observes that these Regulations only prohibit any gender distinctions being made at the time of recruitment. In addition, the abovementioned provisions of the Constitution state that all citizens must have equal access to vocational training and employment but they only explicitly prohibit discrimination in access to or performance of jobs on the basis of sex and political, religious or philosophical opinions. The Committee recalls that, according to the Convention, all workers must enjoy protection against discrimination on the basis of race, colour, sex, religion, political opinion, national extraction and social origin, in employment and occupation, i.e. with regard not only to access to vocational training, employment and various occupations but also to terms and conditions of employment. The Committee therefore requests the Government, with a view to extending the protection against descrimination and giving full effect to the Convention, to consider adding provisions to the General Public Service Regulations which explicitly define and prohibit any direct or indirect discrimination, at all stages of employment and covering at least all the grounds listed in Article 1(1)(a) of the Convention, namely race, colour, sex, religion, political opinion, national extraction and social origin. The Committee requests the Government to specify to what extent public servants are able to invoke the provisions of the Constitution in order to assert their rights in the event of discrimination, including in the course of employment, and requests it to indicate whether use has already been made of this possibility.

Restrictions on women’s access to employment and certain occupations. The Committee notes that section 23.1 of the Labour Code provides that the types of work prohibited for women are regulated by decree. It also wishes to draw the Government’s attention to the fact that access to certain occupations implies access to the various kinds of property and resources enabling the exercise of such occupations, including credit and land. Furthermore, in order to ensure gender equality in this respect, there is a need to eliminate any discriminatory legal provisions, including in civil law, such as section 67 of the Civil Code, which prohibits a married woman to undertake an occupation separate from that of her husband if a court finds that it would be contrary to the interests of the family. The Committee requests the Government to provide information on the following:

(i)    the types of work prohibited for women pursuant to section 23.1 of the Labour Code, stating the reasons why these types of work are prohibited;

(ii)   the measures taken to promote gender equality in access to certain occupations, including increasing access of women to credit and land in rural areas.

The Committee requests the Government to undertake a review of the national legislation in order to identify provisions that may constitute an obstacle to the exercise of certain occupations by women and take the necessary steps to amend or repeal them.

Sex discrimination. Sexual harassment. Noting that the Labour Code does not contain any provision defining or prohibiting sexual harassment at work, the Committee requests the Government to provide information on the specific measures taken to prevent and combat sexual harassment, including those which have been formulated and implemented in cooperation with the social partners.

Article 2. Equal opportunities between men and women. The Committee notes the adoption in April 2009 of the National Policy on Equal Opportunities, Equity and Gender (the National Policy). It also notes the detailed information, including statistics, supplied by the Government on the action taken to promote equality of opportunity between men and women, including gender mainstreaming in the planning and formulation of public budgets, training and awareness raising of decision-makers and public officials in gender issues, the establishment of specialized structures and development projects in rural areas taking account of the specific needs of women in terms of resources and training. While welcoming the efforts made by the Government to promote equal opportunities between men and women, the Committee encourages the Government to step up its action to increase employment opportunities for women, and requests it to provide information on the measures taken as part of the implementation of the National Policy, particularly with regard to the following:

(i)    access of girls to all levels of education and their possibility to continue to go to school, and women’s access to vocational training, including with regard to occupations traditionally performed by men;

(ii)   women’s access to employment, including self-employment;

(iii)  awareness-raising measures regarding the principle of equal opportunities and treatment in employment aimed at employers’ and workers’ organizations, those responsible for enforcing legislation relating to equality (labour inspectors, judges, lawyers), and the general public;

(iv)  the impact on the situations of women and men in employment and of the measures taken.

The Government is also requested to provide information on the recommendations made in the gender study mentioned in its report which was conducted by the Ministry of the Family, Women and Social Affairs on the employment situation in law and in practice, and also to send a copy of this study.

Article 3(a). Cooperation with employers’ and workers’ organizations. Awareness-raising measures. According to the Government, neither the Labour Advisory Committee nor the Tripartite Committee on ILO Issues, within which cooperation takes place between the Government and the social partners, has taken any initiative for the promotion of equality in employment and occupation since no cases of discrimination have been brought to their attention. The Committee has repeatedly emphasized that the lack of any complaints regarding discrimination does not necessarily mean that there is no discrimination in practice: workers may be unaware of the avenues of redress that exist for this purpose, may hesitate to lodge a complaint or may even face practical difficulties in asserting their rights vis-à-vis the labour inspectorate, courts or any other competent institution. Recalling the importance of the role of workers’ and employers’ organizations in preventing and combating discrimination in employment and occupation, the Committee encourages the Government to take the necessary steps to involve them in the formulation and implementation of measures aimed at promoting equality and non-discrimination. It also requests the Government to provide information on any developments in this respect, particularly as regards the role of the social partners in the implementation of the National Policy on Equal Opportunities, Equity and Gender.

Labour inspection. The Committee notes that 1,578 inspections were conducted in 2008 and 2009 in enterprises in the secondary and tertiary sectors and that, owing to a lack of transport facilities, inspectors were unable to carry out inspections in agriculture. It is the Committee’s understanding from the Government’s report that no cases of discrimination were reported by the labour inspectorate. The Government indicates that no evidence of discrimination was brought to the attention of the courts. Referring to the previous paragraph concerning the lack of complaints, the Committee underlines the importance of providing labour inspectors with the necessary resources for performing their duties of enforcing the legislation, including with regard to equality, and of reinforcing their training so that they are in a position to identify and address effectively cases of discrimination in employment and occupation. The Committee requests the Government to indicate the measures taken to reinforce the training of labour inspectors with regard to issues of equality and non‑discrimination in employment and occupation and to provide them with the necessary resources.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Access to the public service. Legislation. For a number of years the Committee has been asking the Government to take the necessary steps to revise section 14(2) of Act No 92-570 of 11 September 1992 issuing the General Public Service Regulations in order to bring it into conformity with the Convention. This section states that specific arrangements may be made, on account of physical fitness or constraints inherent in certain functions, to reserve access to the public service for candidates of either sex. While noting that it was not the Government’s intention at the outset to create gender discrimination, the Committee considers that this provision, which constitutes an exemption from section 14(1) of the Regulations prohibiting any distinction between the sexes, enables access to certain posts to be reserved for either men or women. It also considers that the criterion of “physical fitness” expressed in general terms runs the risk of limiting access to the public service for women, who account for only 27 per cent of staff numbers, according to the data supplied by the Government. The Committee recalls that, in order to be non-discriminatory within the meaning of Article 1(2) of the Convention, exceptions must be strictly limited to certain particular jobs and based on the inherent requirements thereof. Noting the Government’s indication that the removal of section 14(2) of the General Public Service Regulations might form part of a possible overall revision of those Regulations, the Committee again requests the Government to take the necessary steps to amend this provision in order to bring it into conformity with the Convention. Pending such a revision, it requests the Government to provide information on the application of section 14(2) in practice, stating the posts and duties concerned and also its impact on the employment of women in the public service.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes that the Government’s report does not contain a reply to its previous comments. It hopes that the next report will contain full particulars on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. Protection against discrimination in the public service and for persons without employment contracts. In its previous comments, the Committee requested the Government to specify how section 4 of the Labour Code, which prohibits all forms of discrimination, protects persons on indefinite appointments and employees in the service of the State, in view of the fact that section 2(3) appears to exclude these two categories of workers from the scope of the Code. The Committee notes that no provision of the public service regulations protects these employees from discrimination. The Government indicates, however, that persons on permanent appointments and employees in the service of the State are protected from discrimination based on race, religion and social origin because they are nationals and so enjoy equality of rights and duties. The Committee draws the Government’s attention to the fact that granting equality of rights and duties to nationals is not sufficient to fulfil its obligations under the Convention. The Government has a duty to take proactive measures to ensure effective protection against discrimination on all the grounds set forth in the Convention, for all employees in the public sector, including those on permanent appointments and those employed in the service of the State. The Government is asked to provide information on how, in practice, it ensures equality of access and treatment for those on permanent appointments and employees in the service of the State. Noting also that the Labour Code only applies to persons with an employment contract, the Committee asks the Government to provide information on how it affords protection against discrimination to workers without an employment contract such as self-employed workers and workers in the informal economy. It asks the Government to provide information on the practical application of section 4 of the Labour Code and on any relevant court decisions.

Political opinion and other grounds of discrimination. In view of the situation in the country, the Committee is still concerned at the fact that the political tensions could be conducive to discriminatory treatment in employment, particularly in the public sector. In view of these circumstances, the Government is asked to indicate how it prohibits discrimination and ensures equality of opportunity and treatment in the public sector, particularly with regard to political opinion, religion, race and national extraction.

Article 2. Equality of opportunity between men and women. The Committee notes that, according to the Tenth Progress Report of the Secretary‑General on the United Nations Operation in Côte d’Ivoire (S/2006/821, 17 October 2006), the UNOCI carried out gender-awareness and induction training programmes for 30 police officers. It furthermore helped the Ministry of the Family and Social Affairs in drafting a national gender equality policy and in training the Ministries’ personnel on gender issues. The Committee wishes to stress the importance of a national policy to promote equal access to employment and the participation of women in the institutions of power. It points out that the elimination of discrimination in employment is important to the sustainable maintenance of peace and security, the reconstruction of the social fabric and the country’s economic recovery. The Committee hopes that this policy will include proactive measures for the advancement of women in the labour market and that it will have the support of the Ministry for the Advancement of Women and the social partners. The Committee requests the Government to send a copy of the national policy for gender equality together with information on the measures envisaged to implement it. It again requests full information on the activities conducted by the Ministry for the Advancement of Women to encourage equal opportunities in employment and training. The Committee would be grateful if the Government would likewise include, in its next report, information on the abovementioned Ministries’ activities in rural areas.

Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee notes that the Government has provided no information on Article 3(a). It again asks the Government to send more detailed information on the recommendations and activities of the tripartite committee on the application of the Convention, and on all other initiatives or other programmes implemented in collaboration with the social partners to promote equality and non-discrimination in employment and occupation.

Parts III and IV of the report form. The Committee notes that no instances of discrimination have been reported by the labour inspectorate. The Committee requests the Government to provide information on the number of inspections carried out in the sectors concerned. It reiterates its request for copies of any decisions handed down by judicial or other bodies concerning the application of the Convention, and particularly information on the number of criminal cases brought under section 200 of the Penal Code. The Committee requests the Government once again to provide a copy of the Basic Law establishing the duties of the Ombudsperson of the Republic.

Part V. Statistics. The Committee notes that the Government provides no statistical information in its report. It notes the Government’s undertaking to set up a data base as soon as possible. The Committee hopes that the Government will be in a position to provide recent statistics in its next report, disaggregated by sex, race and ethnic origin, on the distribution of the population in the various sectors of the economy and in occupations.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report does not contain a reply to its previous comments. It is therefore bound to reiterate its previous observation, which read as follows:

The Committee notes that for some years section 14(2) of Act No. 92-570 of 1992 issuing general regulations for the public service has allowed access to certain positions to be reserved for persons of one or the other sex on the basis of physical aptitude. The Committee observes that the Government has previously expressed its intention to repeal this provision, and notes with regret that, according to its report, section 14 was not revised when the general public service regulations were reviewed. It notes, however, that the Government has renewed its resolve to take into account the concern that section 14 has caused as regards observance of equality between the sexes in treatment and access to the public service. The Committee requests the Government to amend section 14 so as to ensure its conformity with the Convention. It requests the Government to provide information on the measures taken or envisaged in the context of the Social Forum to revise this provision, and to send additional information on progress made in this respect.

The Committee is raising other points in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 1 of the Convention. Protection against discrimination in the public service and for persons without employment contracts. In its previous comments, the Committee requested the Government to specify how section 4 of the Labour Code protects persons on indefinite appointments and employees in the service of the State, in view of the fact that section 2(3) appears to exclude these two categories of workers from the Code’s scope. The Committee notes that no provision of the public service regulations protects these employees from discrimination. The Government indicates, however, that persons on permanent appointments and employees in the service of the State are protected from discrimination based on race, religion and social origin because they are nationals and so enjoy equality of rights and duties. The Committee draws the Government’s attention to the fact that granting equality of rights and duties to nationals is not sufficient to fulfil its obligations under the Convention. The Government has a duty to take proactive measures to ensure effective protection against discrimination on all the grounds set forth in the Convention, for all employees in the public sector including those on permanent appointments and those employed in the service of the State. The Government is asked to provide information on how, in practice, it ensures equality of access and treatment for those on permanent appointments and employees in the service of the State. Noting also that the Labour Code only applies to persons with an employment contract, the Committee asks the Government to provide information on how it affords protection against discrimination to workers without an employment contract such as self-employed workers and workers in the informal economy. It asks the Government to provide information on the practical application of section 4 of the Labour Code and on any relevant court decisions.

2. Political opinion and other grounds of discrimination. In view of the situation in the country, the Committee is still concerned that the fact that the political tensions could be conducive to discriminatory treatment in employment, particularly in the public sector. In view of these circumstances, the Government is asked to indicate how it prohibits discrimination and ensures equality of opportunity and treatment in the public sector, particularly with regard to political opinion, religion, race and national extraction.

3. Article 2. Equality of opportunity between men and women. The Committee notes that according to the Tenth progress report of the Secretary-General on the United Nations Operation in Côte d’Ivoire (S/2006/821 17 October 2006), the UNOCI carried out gender-awareness and induction training programmes for 30 police officers. It furthermore helped the Ministry of the Family and Social Affairs in drafting a national gender equality policy and in training the Ministries’ personnel on gender issues. The Committee wishes to stress the importance of a national policy to promote equal access to employment and the participation of women in the institutions of power. It points out that the elimination of discrimination in employment is important to the sustainable maintenance of peace and security, the reconstruction of the social fabric and the country’s economic recovery. The Committee hopes that this policy will include proactive measures for the advancement of women in the labour market and that it will have the support of the Ministry for the Advancement of Women and the social partners. The Committee requests the Government to send a copy of the national policy for gender equality together with information on the measures envisaged to implement it. It again requests full information on the activities conducted by the Ministry for the Advancement of Women to encourage equal opportunities in employment and training. The Committee would be grateful if the Government would likewise include, in its next report, information on the abovementioned Ministries’ activities in rural areas.

4. Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee notes that the Government has provided no information on Article 3(a). It again asks the Government to send more detailed information on the recommendations and activities of the tripartite committee on the application of the Convention, and on all other initiatives or other programmes implemented in collaboration with the social partners to promote equality and non-discrimination in employment and occupation.

5. Parts III and IV of the report form. The Committee notes that no instances of discrimination have been reported by the Labour Inspectorate. The Committee requests the Government to provide information on the number of inspections carried out in the sectors concerned. It reiterates its request for copies of any decisions handed down by judicial or other bodies concerning the application of the Convention, and particularly information on the number of criminal cases brought under section 200 of the Penal Code. The Committee requests the Government once again to provide a copy of the Basic Law establishing the duties of the Ombudsperson of the Republic.

6. Part V of the report form. Statistics. The Committee notes that the Government provides no statistical information in its report. It notes the Government’s undertaking to set up a data base as soon as possible. The Committee hopes that the Government will be in a position to provide recent statistics in its next report, disaggregated by sex, race and ethnic origin, on the distribution of the population in the various sectors of the economy and in occupations.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that for some years, section 14(2) of Act No. 92-570 of 1992 issuing general regulations for the public service allows access to certain positions to be reserved for persons of one or the other sex on the basis of physical aptitude. The Committee observes that the Government has previously expressed its intention to repeal this provision, and notes with regret that according to its report, section 14 was not revised when the general public service regulations were reviewed. It notes, however, that the Government has renewed its resolve to take into account the concern that section 14 has caused as regards observance of equality between the sexes in treatment and access to the public service. The Committee requests the Government to amend section 14 so as to ensure its conformity with the Convention. It requests the Government to provide information on the measures taken or envisaged in the context of the Social Forum to revise this provision, and to send additional information on progress made in this respect.

The Committee is raising other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Article 1 of the Convention. The Committee recalls that article 17 of the Constitution, adopted in 2000 regarding equal access to public and private employment, does not cover the grounds of race, colour, national extraction and social origin, which are included under Article 1(1)(a) of the Convention. It further recalls, however, that while the Government acknowledged the insufficient protection afforded by article 17, it has taken the view that section 4 of the Labour Code is adequate to prohibit any discrimination. Having noted that the Labour Code only applies to work performed under an employment contract and that it also does not apply to the public service, the Committee notes the Government’s response that section 4 does indeed apply to the public service by virtue of the fact that public employees have employment contracts with the State. In this respect, the Committee asks the Government to clarify how the Labour Code protects public employees from discrimination given that article 2, paragraph 3, appears to exclude individuals appointed to permanent employment in the public administration, as well as workers employed in the service of the State, from the application of the Code. It further asks the Government to indicate how individuals who perform work without an employment contract are protected from discrimination.

2. Equal opportunity between men and women. The Government indicates that the Ministry for the Promotion of Women is committed to gender equality and to ensuring a greater representation of women in all sectors of activity and positions of responsibility, and states that NGOs are equally active towards achieving a greater representation of women in the public and private sectors. The Government reaffirms that the law does not prevent access to employment based on gender, but in fact forbids such exclusions. The Committee wishes to remind the Government that, while the absence of discriminatory laws is an important element towards attaining equal opportunity, promoting equality in employment and occupation in the sense of Articles 2 and 3 of the Convention necessarily includes the adoption and implementation of more proactive measures. The Committee also reminds the Government of the importance of collecting and analysing statistical information to be able to assess the progress made towards equal opportunity and to better understand the challenges that still remain. It notes in this respect the Government’s indication that it is unable to provide reliable statistics on the participation of men and women in education and vocational training. The Committee asks the Government to include information in its next report on the activities in place or under consideration by the Ministry for the Promotion of Women to promote equal opportunities for women in employment and occupation, along with details on the work of other institutions in this regard. The Committee hopes that the Government will soon be in a position to provide full information on the participation of men and women in vocational education and training and in public and private employment, including information on the number of men and women engaged in the various occupations, fields of activity and levels of responsibility.

3. The Committee recalls its comments under Equal Remuneration Convention, 1951 (No. 100) concerning section 14(2) of Act No. 92-570 of 1992 describing the general conditions of service of public servants, under which access to certain posts may be restricted to individuals of one sex or the other on grounds of physical aptitude. While the Government previously indicated that these consist of fairly marginal positions without any significant impact on the determination of categories of public servants, or their grades and salaries, it stated that the provisions in question have never been applied in respect of the recruitment of officials and that they will soon be abrogated. Noting that the Government does not report any developments in this regard, the Committee asks the Government to provide information on the progress made in amending section 14 of Act
No. 92-570 of 1992.

4. Political opinion and other grounds of discrimination. In view of the security situation in the country, the Committee is concerned that the existing political tensions may contribute to the discriminatory treatment of individuals in employment, particularly in the public sector. The Government is therefore asked, in the light of these difficult circumstances, to indicate how it prohibits discrimination and ensures equal access and treatment in the public sector, particularly with respect to political opinion, religion, race and national extraction.

5. Article 3(a). Cooperation with employers’ and workers’ organizations. The Committee notes the Government’s indication that the tripartite committee established to deal with ILO matters is consulted regularly on all legal and regulatory matters concerning non-discrimination and the promotion of equality in employment. It asks the Government for more detailed information on the recommendations and activities of the tripartite committee with respect to the application of Convention No. 111, along with any other initiatives or programmes undertaken in cooperation with the social partners to promote equality and non-discrimination in employment and occupation.

6. Parts III and IV of the report form. Noting that the labour inspectorate closely follows the practical application of section 4 of the Labour Code, the Committee requests information from the Government on the findings of the inspectorate with regard to discrimination in employment and occupation including data on the number of inspections conducted, the violations identified and the action taken as a result. Please also supply a copy of any decision by the courts or other bodies concerning the application of the Convention including information on the number of prosecutions under section 200 of the Criminal Code and the outcome of these cases. In addition, the Committee reiterates its request to the Government to provide a copy of the Organic Act determining the functions of the Mediator of the Republic.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee recalls that article 30 of the Constitution adopted in 2000 provides that the Republic of Côte d’Ivoire guarantees equality for all before the law, without distinction as to origin, race, ethnic extraction, sex or religion. Article 17 states that access to private and public employment is equal for all and that any discrimination is prohibited in access to or exercise of employment on the grounds of sex, political, religious or philosophical opinion. In its previous comments, the Committee pointed out that article 17 does not cover the grounds of race, colour, national extraction and social origin, which are prohibited under the Convention, and requested the Government to provide information on the measures taken to ensure the elimination of discrimination in employment and occupation in the basis of the grounds not covered by the Constitution. In this regard, the Committee notes the Government’s statement that the provisions of article 17 of the Constitution were indeed insufficient. However, the Government takes the view that section 4 of the Labour Code was adequate to exclude any discrimination. While the Committee recalls that section 4 of the Labour Code prohibits employment discrimination in accordance with the Convention, including on the grounds of race, national extraction and social origin, it also notes that the Labour Code applies only to work performed under an employment contract and that it also does not apply to the public service. The Government is requested to provide information on the application of section 4 of the Labour Code in practice, as well as on the measures taken to ensure the elimination of discrimination on the grounds of race, colour, national extraction and social origin with regard to public employment and to work performed without an employment contract.

2. With reference to its previous comments concerning the fact that the 2000 Constitution did not maintain the former Constitution’s clause declaring that any manifestation of racial discrimination is punishable by law (article 6(2) of the former Constitution), the Government referred to section 200 of the Criminal Code which makes refusing anybody access to employment only on the grounds of race, ethnicity or religion a punishable offence. The Committee takes note of the Government’s indication, while regretting that the constitutional protection from racial discrimination has been weakened by the Constitution of 2000. The Government is requested to provide information on the application of section 200 of the Criminal Code in practice, including the number of incidences prosecuted and the results of these cases. Please also provide information on the enforcement of section 4 of the Labour Code.

3. With regard to equality of opportunity and treatment of women and men, the Committee notes that the Government has not provided any information on the situation of men and women in the labour market, as requested. The Committee therefore hopes that the Government will make every effort to provide, in its next report, full information on the participation of men and women in occupational education and training and in public and private employment, including information on the percentage of men and women engaged in the various occupations, fields of activity and levels of responsibility. The Government is also requested to indicate any proactive measures taken or envisaged to promote gender equality in the labour market.

4. The Committee notes the adoption of Act No. 2002-43 of 21 January 2002 on regulating the employment of prefects and that section 9 of the Act specifically provides that, regarding access to the positions covered by the Act, no distinction between men and women shall be made. The Committee also notes section 4 of the Act No. 2001-479 of 9 August 2001 on the personnel of the national police, which provides that candidates of both sexes can apply for employment with the national police if they fulfil certain conditions, including the physical and intellectual requirements to exercise the functions of a police officer. The Government is asked to provide information on the gender composition of the corps of prefects and the personnel of the national police in its next report.

5. The Committee notes that the Government did not provide any information concerning point 4 of its previous direct request. It therefore requests the Government once again to supply in its next report data on the number of inspections conducted, the violations related to discrimination identified and the action taken. Please also supply a copy of any decision by the courts or other bodies concerning the application of the Convention. In addition, the Committee reiterates its request to the Government to provide a copy of the Organic Act determining the functions of the Mediator of the Republic.

6. With respect to cooperation with workers’ and employers’ organizations, the Committee notes that a tripartite committee to deal with ILO matters has been established by Decree No. TFP/DTR of 9 January 2003. The Government is asked to bring issues concerning the application of the Convention to the attention of this Committee and to respect any relevant activities it undertakes with regard to the application of the Convention. Please also indicate any other initiative or programme undertaken with the social partners to promote equality and non-discrimination in employment and occupation.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report and requests the Government to provide information on the following points.

1. The Committee recalls that article 30 of the Constitution adopted in 2000 provides that the Republic of Côte d’Ivoire guarantees equality for all before the law, without distinction as to origin, race, ethnic extraction, sex or religion. Article 17 states that access to private and public employment is equal for all and that any discrimination is prohibited in access to or exercise of employment on the grounds of sex, political, religious or philosophical opinion. In its previous comments, the Committee pointed out that article 17 does not cover the grounds of race, colour, national extraction and social origin, which are prohibited under the Convention, and requested the Government to provide information on the measures taken to ensure the elimination of discrimination in employment and occupation in the basis of the grounds not covered by the Constitution. In this regard, the Committee notes the Government’s statement that the provisions of article 17 of the Constitution were indeed insufficient. However, the Government takes the view that section 4 of the Labour Code was adequate to exclude any discrimination. While the Committee recalls that section 4 of the Labour Code prohibits employment discrimination in accordance with the Convention, including on the grounds of race, national extraction and social origin, it also notes that the Labour Code applies only to work performed under an employment contract and that it also does not apply to the public service. The Government is requested to provide information on the application of section 4 of the Labour Code in practice, as well as on the measures taken to ensure the elimination of discrimination on the grounds of race, colour, national extraction and social origin with regard to public employment and to work performed without an employment contract.

2. With reference to its previous comments concerning the fact that the 2000 Constitution did not maintain the former Constitution’s clause declaring that any manifestation of racial discrimination is punishable by law (article 6(2) of the former Constitution), the Government referred to section 200 of the Criminal Code which makes refusing anybody access to employment only on the grounds of race, ethnicity or religion a punishable offence. The Committee takes note of the Government’s indication, while regretting that the constitutional protection from racial discrimination has been weakened by the Constitution of 2000. The Government is requested to provide information on the application of section 200 of the Criminal Code in practice, including the number of incidences prosecuted and the results of these cases. Please also provide information on the enforcement of section 4 of the Labour Code.

3. With regard to equality of opportunity and treatment of women and men, the Committee notes that the Government has not provided any information on the situation of men and women in the labour market, as requested. The Committee therefore hopes that the Government will make every effort to provide, in its next report, full information on the participation of men and women in occupational education and training and in public and private employment, including information on the percentage of men and women engaged in the various occupations, fields of activity and levels of responsibility. The Government is also requested to indicate any proactive measures taken or envisaged to promote gender equality in the labour market.

4. The Committee notes the adoption of Act No. 2002-43 of 21 January 2002 on regulating the employment of prefects and that section 9 of the Act specifically provides that, regarding access to the positions covered by the Act, no distinction between men and women shall be made. The Committee also notes section 4 of the Act No. 2001-479 of 9 August 2001 on the personnel of the national police, which provides that candidates of both sexes can apply for employment with the national police if they fulfil certain conditions, including the physical and intellectual requirements to exercise the functions of a police officer. The Government is asked to provide information on the gender composition of the corps of prefects and the personnel of the national police in its next report.

5. The Committee notes that the Government did not provide any information concerning point 4 of its previous direct request. It therefore requests the Government once again to supply in its next report data on the number of inspections conducted, the violations related to discrimination identified and the action taken. Please also supply a copy of any decision by the courts or other bodies concerning the application of the Convention. In addition, the Committee reiterates its request to the Government to provide a copy of the Organic Act determining the functions of the Mediator of the Republic.

6. With respect to cooperation with workers’ and employers’ organizations, the Committee notes that a tripartite committee to deal with ILO matters has been established by Decree No. TFP/DTR of 9 January 2003. The Government is asked to bring issues concerning the application of the Convention to the attention of this Committee and to respect any relevant activities it undertakes with regard to the application of the Convention. Please also indicate any other initiative or programme undertaken with the social partners to promote equality and non-discrimination in employment and occupation.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the information contained in the Government’s report. It requests the Government to provide further information in its next report on the following points.

1. The Committee noted in its previous comments that a new Constitution was adopted by referendum on 23 July 2000. It noted that the general principle of equality before the law is affirmed in article 30, which provides that the Republic of Côte d’Ivoire "guarantees equality for all before the law, without distinction as to origin, race, ethnic extraction, sex or religion". With regard to employment and occupation, the Committee noted that, by virtue of article 17 of the new Constitution, "Each person has the right to the free choice of occupation and employment. Access to public and private employment is equal for all. Any discrimination is prohibited in access to or the exercise of employment on the grounds of sex, political, religious or philosophical opinion." The Committee recalled that, when provisions are adopted to give effect to the principles of the Convention, they should include all the criteria set out in Article 1(1)(a) of the Convention. Noting that the Government did not reply to its previous comments, the Committee must ask again for information on the measures taken to ensure the elimination of any discrimination in employment and occupation in practice, on the basis of race, colour, national extraction and social origin, which are not mentioned in the prohibited grounds of discrimination in employment in the new Constitution.

2. The Committee recalls that article 6(2) of the former Constitution of 1960 explicitly stated that "all particularist propaganda of racial or ethnic character, any manifestation of racial discrimination is punishable by law" and noted that this provision has been replaced in the current Constitution by article 10, which provides that "any propaganda which has the objective of making one social group prevail over another, or encouraging racial or religious hatred is prohibited". The Committee noted that, while the new provision now covers religious hatred, it no longer punishes discrimination. The Committee notes that the Government did not reply to the previous comments; therefore it must again ask for information on the measures taken or envisaged to combat racial and ethnic discrimination, in particular in the field of employment, including the penalties which can be imposed in cases of propaganda of a racial or ethnic character. Finally, the Committee once again asks the Government for a copy of the Organic Act determining the functions of the Mediator of the Republic.

3. The Committee notes that the Government did not supply any statistical data on women’s and men’s participation in employment, occupation and training. It also notes the list of Acts adopted to ensure equality of opportunity and treatment both in the public and private sector. However, the Committee must recall that the legal prohibition of discrimination, while essential, is not sufficient to eliminate discrimination or achieve equality in actual practice. In this regard, the Committee notes the Government’s statement that in practice, given the same level of education, employers prefer male workers over female ones, and that this may be explained by the protection that women benefit from under the national labour law. Noting that this preference also may reflect negative attitudes or stereotypes of women’s participation in the labour market, the Committee urges the Government to consider undertaking positive measures in order to enhance women’s participation in employment, occupations and training and to correct de facto inequalities. Moreover, the Committee would appreciate receiving information on the educational and awareness-raising programmes established to secure the acceptance and observance of the principle set forth in the Convention. Further to the issue of protection of women in labour law, the Government may wish to undertake a review of all existing legislation, in consultation with representatives of employers’ and workers’ organizations and women workers to assess any special provisions for women to determine their necessity and appropriateness in view of the objective of equal opportunity and treatment, and in light of the improvements in conditions of work, changing attitudes and also the adoption by the ILO of its 1985 resolution on equal opportunities and treatment. Please also supply statistical data on men’s and women’s participation in the labour market, both in private and public sectors.

4. The Committee notes the Government’s statement that no particular difficulties have been encountered in the application of the Convention. However, it also notes that the Government did not supply any information on labour inspection, or on any decisions by courts of law concerning the application of the Convention. The Committee is concerned by these statements given that no difficulties usually means a lack of awareness and/or insufficient complaint or inspection mechanism. Therefore, the Committee requests the Government to supply in its next report data on the number of inspections conducted, the violations identified and the action taken. Please also supply a copy of any decision by the courts or other bodies concerning the application of the Convention.

5. Regarding the cooperation with workers’ and employers’ organizations, the Committee notes the information in the Government’s report on the tripartite structure of the Technical Committee on Hygiene and Safety and on the Consultative Commission of Labour. The Committee would appreciate receiving information on the form this collaboration assumes in practice, recalling that workers’ and employers’ cooperation is aimed to prepare and monitor the application of measures adopted within the framework of the national policy referred to in Article 2 of the Convention.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes that, since the arrival of the Government’s report, a new Constitution was adopted by referendum on 23 July 2000, thereby bringing an end to the Constitutional Act of 27 December 1999, which had suspended the Constitution of Côte d’Ivoire of 3 November 1960. The Committee notes that the new Constitution includes a Title I, entitled "On freedoms, rights and duties", as well as a Title XI, establishing the function of Mediator of the Republic (articles 115-118). The Committee notes that the general principle of equality before the law is affirmed in article 30, which provides that the Republic of Côte d’Ivoire "guarantees equality for all before the law, without distinction as to origin, race, ethnic extraction, sex or religion". With regard more specifically to employment and occupation, the Committee notes that, by virtue of article 17 of the new Constitution, "Each person has the right to the free choice of occupation and employment. Access to public and private employment is equal for all. Any discrimination is prohibited in access to or the exercise of employment on the grounds of sex, political, religious or philosophical opinion". The Committee notes that article 17 only refers to three of the seven criteria of discrimination which are formally prohibited in relation to employment and occupation by the Convention and it wishes to recall that, when provisions are adopted to give effect to the principles of the Convention, they should include all the criteria set out in Article 1, paragraph 1(a), of the Convention. For this reason, in the absence of any explicit mention of race, colour, national extraction and social origin in article 17 of the new Constitution, the Committee would be grateful to be provided with information on the measures taken to ensure the elimination of any discrimination in employment and occupation on the basis of these four criteria. The Committee recalls that article 6(2) of the former Constitution of 1960 explicitly stated that "All particularist propaganda of racial or ethnic character, any manifestation of racial discrimination is punishable by law" and notes that this provision has not been reproduced in the current Constitution, article 10 of which provides that "Any propaganda which has the objective of making one social group prevail over another, or encouraging racial or religious hatred is prohibited." The Committee notes that while the new provision now covers religious hatred, it no longer punishes discrimination. It therefore requests the Government to provide information on the measures which have been taken or are envisaged to combat racial and ethnic discrimination in general, and particularly in the field of employment, including the penalties which can be imposed in cases of particularist propaganda of a racial or ethnic character. The Committee would also be grateful if the Government would provide a copy of the Organic Act determining the functions of the Mediator of the Republic.

2. The Committee notes the information contained in the Government’s report, including the statistics on the distribution of women at the various grades in the public service, and particularly in the higher functions of the State. It notes that the number of women occupying functions of responsibility is, in absolute numbers, relatively low (for example, five ambassadors, one prefect, 25 sub-prefects, two heads of ministerial offices, 25 central directors, eight directors of national public establishments, 40 regional directors, three police commissioners). However, as the statistics do not indicate, in relation to these figures, the number of men in identical positions, it is impossible for the Committee to evaluate the real role played by women in the higher levels of the public service. The Committee therefore requests the Government to indicate in its next report the respective numbers (or percentages) of men and women in the above positions so that it can ascertain the real role of women in the higher levels of the public service. In this respect, the Committee recalls that in its previous comment it requested information on the percentage of women occupying positions of responsibility in the private sector. The Committee notes that the Government confines itself in its report to stating merely that "as in the public sector, women occupy positions of responsibility in the private sector". It therefore repeats its initial request, namely for information on the percentage of women occupying such positions in the private sector.

3. The Committee draws attention to the essential role that organizations of employers and workers have to play in promoting the principle of equality at the workplace and therefore requests the Government to indicate the measures which have been taken to seek the active collaboration of the social partners in the application of the national policy of equality of opportunity and treatment in employment and occupation.

4. The Committee notes that the Government’s report makes no reference to the question of the practical measures taken for the active promotion of equality of opportunity and treatment in employment and occupation for women in all sectors, including for example micro-projects implemented to reduce the rate of unemployment among women, and it recalls that the mere prohibition of discrimination in the legislation is not sufficient to eliminate it in practice. Indeed, experience shows that discrimination in employment and occupation is rarely due to laws or regulations establishing direct discrimination, but is more frequently a result of practices based on stereotypes which mainly concern women or certain vulnerable or minority groups in society. The Committee therefore wishes to draw attention to the need, under the terms of Articles 2 and 3 of the Convention, to correct inequalities which occur in practice through the adoption of affirmative measures designed to enable women, as well as members of groups which suffer discrimination based on the other criteria prohibited by the Convention, to participate in working life in all sectors of activity and occupations and at all levels of responsibility. The Committee trusts that in its next report the Government will provide detailed information on the measures which have been taken or are envisaged in practice to promote the participation of women in the labour market, as well as the members of all the various ethnic groups, in both quantitative and qualitative terms. The Committee also hopes that this report will contain information on micro-projects intended to promote the access of women to employment, including statistical data on the impact of these micro-projects in practice.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  The Committee notes that, since the arrival of the Government’s report, a new Constitution was adopted by referendum on 23 July 2000, thereby bringing an end to the Constitutional Act of 27 December 1999, which had suspended the Constitution of Côte d’Ivoire of 3 November 1960. The Committee notes that the new Constitution includes a Title I, entitled "On freedoms, rights and duties", as well as a Title XI, establishing the function of Mediator of the Republic (articles 115-118). The Committee notes that the general principle of equality before the law is affirmed in article 30, which provides that the Republic of Côte d’Ivoire "guarantees equality for all before the law, without distinction as to origin, race, ethnic extraction, sex or religion". With regard more specifically to employment and occupation, the Committee notes that, by virtue of article 17 of the new Constitution, "Each person has the right to the free choice of occupation and employment. Access to public and private employment is equal for all. Any discrimination is prohibited in access to or the exercise of employment on the grounds of sex, political, religious or philosophical opinion". The Committee notes that article 17 only refers to three of the seven criteria of discrimination which are formally prohibited in relation to employment and occupation by the Convention and it wishes to recall that, when provisions are adopted to give effect to the principles of the Convention, they should include all the criteria set out in Article 1, paragraph 1(a), of the Convention. For this reason, in the absence of any explicit mention of race, colour, national extraction and social origin in article 17 of the new Constitution, the Committee would be grateful to be provided with information on the measures taken to ensure the elimination of any discrimination in employment and occupation on the basis of these four criteria. The Committee recalls that article 6(2) of the former Constitution of 1960 explicitly stated that "All particularist propaganda of racial or ethnic character, any manifestation of racial discrimination is punishable by law" and notes that this provision has not been reproduced in the current Constitution, article 10 of which provides that "Any propaganda which has the objective of making one social group prevail over another, or encouraging racial or religious hatred is prohibited." The Committee notes that while the new provision now covers religious hatred, it no longer punishes discrimination. It therefore requests the Government to provide information on the measures which have been taken or are envisaged to combat racial and ethnic discrimination in general, and particularly in the field of employment, including the penalties which can be imposed in cases of particularist propaganda of a racial or ethnic character. The Committee would also be grateful if the Government would provide a copy of the Organic Act determining the functions of the Mediator of the Republic.

2.  The Committee notes the information contained in the Government’s report, including the statistics on the distribution of women at the various grades in the public service, and particularly in the higher functions of the State. It notes that the number of women occupying functions of responsibility is, in absolute numbers, relatively low (for example, five ambassadors, one prefect, 25 sub-prefects, two heads of ministerial offices, 25 central directors, eight directors of national public establishments, 40 regional directors, three police commissioners). However, as the statistics do not indicate, in relation to these figures, the number of men in identical positions, it is impossible for the Committee to evaluate the real role played by women in the higher levels of the public service. The Committee therefore requests the Government to indicate in its next report the respective numbers (or percentages) of men and women in the above positions so that it can ascertain the real role of women in the higher levels of the public service. In this respect, the Committee recalls that in its previous comment it requested information on the percentage of women occupying positions of responsibility in the private sector. The Committee notes that the Government confines itself in its report to stating merely that "as in the public sector, women occupy positions of responsibility in the private sector". It therefore repeats its initial request, namely for information on the percentage of women occupying such positions in the private sector.

3.  The Committee draws attention to the essential role that organizations of employers and workers have to play in promoting the principle of equality at the workplace and therefore requests the Government to indicate the measures which have been taken to seek the active collaboration of the social partners in the application of the national policy of equality of opportunity and treatment in employment and occupation.

4.  The Committee notes that the Government’s report makes no reference to the question of the practical measures taken for the active promotion of equality of opportunity and treatment in employment and occupation for women in all sectors, including for example micro-projects implemented to reduce the rate of unemployment among women, and it recalls that the mere prohibition of discrimination in the legislation is not sufficient to eliminate it in practice. Indeed, experience shows that discrimination in employment and occupation is rarely due to laws or regulations establishing direct discrimination, but is more frequently a result of practices based on stereotypes which mainly concern women or certain vulnerable or minority groups in society. The Committee therefore wishes to draw attention to the need, under the terms of Articles 2 and 3 of the Convention, to correct inequalities which occur in practice through the adoption of affirmative measures designed to enable women, as well as members of groups which suffer discrimination based on the other criteria prohibited by the Convention, to participate in working life in all sectors of activity and occupations and at all levels of responsibility. The Committee trusts that in its next report the Government will provide detailed information on the measures which have been taken or are envisaged in practice to promote the participation of women in the labour market, as well as the members of all the various ethnic groups, in both quantitative and qualitative terms. The Committee also hopes that this report will contain information on micro-projects intended to promote the access of women to employment, including statistical data on the impact of these micro-projects in practice.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee notes the information provided by the Government and, in particular, the statistical data furnished. The Committee notes the Government's statement to the effect that the percentage of women employed in the private and semi-private sectors as well as in the public administration has increased compared with the percentage registered in 1992. The Committee notes the percentage of women occupying positions of responsibility in the public administration and requests the Government to provide statistical data in respect of women occupying positions of responsibility in the private sector. The Committee notes, however, that there has not been any significant progress with regard to promoting the participation of women in the labour market between 1980 and 1996. The Committee also requests the Government to indicate the measures adopted to encourage equality of opportunity and treatment for women in the private, semi-private and public sectors.

2. The Committee notes that, according to the Government's report, the micro-projects implemented by the Ministry for the Situation of the Family and the Promotion of Women has enabled a large number of women to secure employment in the industrial and commercial sectors, thereby reducing the level of female unemployment. The Committee requests the Government to furnish statistical data in respect of the number of micro-projects which have been implemented and information with regard to other projects and activities designed to promote the principle of equality of opportunity and treatment and access to employment by women.

3. Moreover, the Committee notes with interest the adoption of the Military Code which provides for the admission to military service of young persons of both sexes (section 81 and subsequent sections of Act No. 95-695 of 7 September 1995), referred to in the Government's last report.

4. The Committee refers to the provisions of section 4 of the Labour Code which cites the criteria for discrimination as established under Article 1, paragraph 1(a), of the Convention and requests the Government to provide detailed information in respect of the measures taken or envisaged to promote the equality of opportunity and treatment of women in employment and occupation. The Committee requests the Government to indicate, in particular, the practical application of the regulations relative to vocational training and apprenticeship (Decrees Nos. 96-285 and 286 of 3 April 1996).

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request which read, in part, as follows:

(...)

2. The Committee notes from the report that the Government is making a substantial effort to promote the access of women to training and employment, and particularly to open up to women in a definitive manner the trades and occupations that are traditionally reserved for men. From the statistical data provided, the Committee notes that, despite these efforts, the percentage of women employed in the private and parapublic sectors (8 per cent in 1992) and in the public administration (22 per cent in 1992) remains relatively low, particularly in certain ministries, functions and posts, and especially at the level of managers and directors. For example, in the Ministry of Justice, the judicial staff included 10 per cent of women in 1994, of which 1.5 per cent were secretaries of clerks and the courts: the percentage was 18.11 per cent in the Ministry of the Interior, including two women in positions of responsibility: in the Ministry of Equipment, Transport and Telecommunications, 8 per cent of the staff were women, including 5 per cent of public servants, 25 per cent of temporary officials and 15 per cent of officials employed on a daily basis. The Committee requests the Government to continue supplying detailed information on the specific measures taken and the results achieved (including statistical data) in attaining a substantial increase in the participation of women in employment in the public and private sectors, and particularly in trades and occupations where men are still predominant.

3. The Committee notes with interest that the draft Military Code submitted to the National Assembly provides for the admission to military service of young persons of both sexes. It requests the Government to keep it informed of the adoption of this Code and to supply a copy of it.

4. The Committee notes that the Government has established social funds for the implementation of micro-projects by the Ministry for the Situation of the Family and the Promotion of Women. It would be grateful if the Government would provide information on the impact of these micro-projects and other activities carried out by this Ministry to promote the access of women to employment and training.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. The Committee notes with interest the adoption, with the technical assistance of the Office, of Act No. 95-15 of 12 January 1995 to issue the Labour Code, of which the provisions of section 4 are in conformity with Article 1, paragraph 1(a), of the Convention.

2. The Committee notes from the report that the Government is making a substantial effort to promote the access of women to training and employment, and particularly to open up to women in a definitive manner the trades and occupations that are traditionally reserved for men. From the statistical data provided, the Committee notes that, despite these efforts, the percentage of women employed in the private and parapublic sectors (8 per cent in 1992) and in the public administration (22 per cent in 1992) remains relatively low, particularly in certain ministries, functions and posts, and especially at the level of managers and directors. For example, in the Ministry of Justice, the judicial staff included 10 per cent of women in 1994, of which 1.5 per cent were secretaries of clerks and the courts: the percentage was 18.11 per cent in the Ministry of the Interior, including two women in positions of responsibility: in the Ministry of Equipment, Transport and Telecommunications, 8 per cent of the staff were women, including 5 per cent of public servants, 25 per cent of temporary officials and 15 per cent of officials employed on a daily basis. The Committee requests the Government to continue supplying detailed information on the specific measures taken and the results achieved (including statistical data) in attaining a substantial increase in the participation of women in employment in the public and private sectors, and particularly in trades and occupations where men are still predominant.

3. The Committee notes with interest that the draft Military Code submitted to the National Assembly provides for the admission to military service of young persons of both sexes. It requests the Government to keep it informed of the adoption of this Code and to supply a copy of it.

4. The Committee notes that the Government has established social funds for the implementation of micro-projects by the Ministry for the Situation of the Family and the Promotion of Women. It would be grateful if the Government would provide information on the impact of these micro-projects and other activities carried out by this Ministry to promote the access of women to employment and training.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

As regards access to training and employment, the Committee notes with interest on the one hand that, according to the Government's report, the police and military health sectors, in which jobs were traditionally considered to be reserved for men, have just been opened up to women (30 of whom are now in office and 29 undergoing training in the police, while two women have become military doctors). The Committee notes on the other hand the tables for the distribution of staff who are in office or undergoing training in the various ministries and public bodies and the distribution of employees of both sexes by occupational category and sector, which were supplied by the Government. The Committee requests the Government to continue supplying information on this subject and particularly on the measures that have been taken to promote the training and access to employment of women, in view of the wide gap that still exists between the sexes in these fields.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

With reference to its previous comments, the Committee notes the information supplied by the Government in its report.

As regards access to training and employment, the Committee notes with interest on the one hand that, according to the Government's report, the police and military health sectors, in which jobs were traditionally considered to be reserved for men, have just been opened up to women (30 of whom are now in office and 29 undergoing training in the police, while two women have become military doctors). The Committee notes on the other hand the tables for the distribution of staff who are in office or undergoing training in the various ministries and public bodies and the distribution of employees of both sexes by occupational category and sector, which were supplied by the Government. The Committee requests the Government to continue supplying information on this subject and particularly on the measures that have been taken to promote the training and access to employment of women, in view of the wide gap that still exists between the sexes in these fields.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes with interest the detailed information provided by the Government in reply to its previous comments.

1. The Committee notes that information and guidance for young people are the responsibility of the Ministry of Technical Educational and Vocational Training, through two main bodies: the National Education Directorate for Guidance and Scholarships, and the Services of the OSDI (guidance, selection, documentation, information). The purpose of these bodies is to inform the public on all matters related to training and employment and to enable students to obtain adequate guidance for careers that are geared to the needs of the economy. The Committee requests the Government to provide information in its future reports on all progress made as a result of the efforts of the above-mentioned bodies.

2. The Committee notes the Government's statement that there is no discrimination with regard to access to training and employment and that free access to technical and vocational training establishments is standard practice. The Government none the less reports that there are certain disparities in this connection between the various regions of the country, between men and women and between rural and urban areas, which, it considers, are the result of disparities in income or the reflection of socio-cultural behaviour. The Government adds that it is striving to overcome these disparities in a number of ways such as standardising the opening of schools in all regions, establishing vocational training centres and technical schools, combating illiteracy in both rural and urban areas, etc.

3. Regarding, in particular, disparities between the sexes, the Committee notes that the 1981-85 Development Plan is the first of its kind to devote a special chapter to the promotion of women in order to ensure that girls have equal access to education and to provide them with training that is in keeping with the employment requirements of the country's economic development. It also notes that the inclusion of the women's training issue in the 1981-85 Plan coincides with the establishment of the Ministry for the Condition of Women, and that a committee and two subcommittees for the promotion of women have been in operation since 1977. It its report, the Government provides detailed information on the activities of these bodies, including statistical data on the participation of girls at the various levels of school education and vocational training.

The Committee notes this information with interest, but observes that although the participation of girls in the various stages of the education system has risen since independence, it has now reached ceilings of approximately 40 per cent, 30 per cent and 20 per cent in primary, secondary and higher education respectively. It also notes that girls form the majority only in private commercial training institutes and in training for low-skill trades, where results are poor and prospects uncertain, and where they accounted for 63.4 per cent of enrolled students in 1983-84. Finally, the Committee notes that the percentage of girls in public technical and vocational training establishments remains very low, their participation rate having risen from 16.5 per cent to approximately 24.6 per cent in 1983-84, except in schools for paramedical training where the rate reached 44.7 per cent at the same date. The rate is even lower in agricultural schools (8.1 per cent) and in industrial training schools (1.4 per cent).

The Committee hopes that the Government will pursue its efforts to eliminate the disparities and overcome the difficulties mentioned in its report, and to encourage the access of women to education and vocational training, particularly in trades which are not considered as being traditionally for women. The Committee also hopes that the next report will contain information (including statistical data) on any progress made to this end.

4. With regard to the access of women to employment, the Committee notes from the report that the percentage of women in the modern sector is very low - only 10 per cent of the total number of public and private sector employees. However, women are better represented in the public service where they account for 19 per cent of employees, whereas the rate is a mere 6 per cent in the private sector. The Government also indicates that women rarely hold top management posts and that they tend to be concentrated in middle-management and skilled administrative and commercial jobs. Only rarely do women obtain direct access to non-skilled jobs and learn their skill on the job. Vocational training is therefore a prerequisite for access to employment, but not all jobs are accessible to women, particularly in the industrial sector.

The Committee takes note of this information and of the measures planned by the Government to raise awareness among girls, their parents and those responsible for training, about the different branches of training, and the employment opportunities to which they provide access. It hopes that measures will also be taken to create awareness among employers when they are recruiting, and to ensure that the public placement services do not discriminate on grounds of sex in the posts offered to job-seekers. The Committee asks the Government to continue to provide information, including statistics, on any progress made in promoting equality of opportunity between men and women in access to employment.

5. With regard to post and telecommunication staff, the Government states that there is no discrimination between men and women in the jobs offered in this area. However, in order to protect women and in accordance with section 7 of Decree No. 68-24 of 9 January 1968 to establish special rules for post and telecommunication personnel, women are given priority with regard to assignment to jobs other than those involving the handling or transport of mail and home delivery. The Committee notes this information and would like to be kept informed on any future changes in this respect.